Patrick Britton-Harr, False Claims Act Fraud, Maryland 2023

On July 18, 2023, the U.S. District Court for the District of Maryland entered default judgments for the United States totaling $26,341,951.38 against Patrick Britton-Harr and multiple laboratory companies owned by him for violations of the False Claims Act. The court entered these judgments after Britton-Harr and his companies failed to defend against the United States’ allegations.

The United States alleged that Patrick Britton-Harr owned and operated Provista Health, LLC as well as multiple other corporate entities that sought to profit from the unfolding COVID-19 pandemic by offering COVID-19 tests to nursing homes as a way to bill Medicare for a wide array of medically unnecessary respiratory pathogen panel (RPP) tests.

The complaint also alleged that Britton-Harr and Provista Health submitted claims for RPP tests that were never ordered by physicians and sometimes for RPP tests that were never performed, including over 300 claims that stated that the nasal swab test sample was supposedly collected from the beneficiary on a date after the beneficiary had died.

“The Justice Department remains committed to holding accountable individuals and entities who took advantage of the COVID-19 pandemic to defraud the American taxpayers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division.

“The exploitation of federal health care programs designed to help the elderly and disabled during a national crisis is absolutely inexcusable,” said U.S. Attorney Erek L. Barron for the District of Maryland.

The United States’ pursuit of this lawsuit illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act.